| 1. |
Understanding
that a matrimonial divorce settlement is NOT an exact science. If a financial
divorce settlement was a straight mathematical equation, we
wouldn't need courts and lawyers to resolve matters. Courts
are usually required, under Family Law legislation, to take
into account a range of factors in deciding who gets what. |
| 2. |
Settling
for a 50% split of the matrimonial property WITHOUT taking into
account matters such as significant disparities between what
your husband earns and your own weekly/monthly income and any
restrictions your age or health might have on your capacity
to earn income. |
| 3. |
Letting
your spouse retain the matrimonial home IF you have the ability
to buy him out. Real estate property has a habit of increasing
in value without you having to do anything. If you pass this
up and he pays you out then the problem often is that you don't
have enough money to purchase a property of your own. Deposits,
stamp duty, legal fees etc. can put buying another home out
of your reach. You're left paying out dead money in rent. |
| 4. |
Keeping
the matrimonial home when you really CAN'T afford to financially.
If buying out your husband's share in the house is going to
involve you taking out a big loan, you need to factor in the
monthly loan repayments PLUS outgoings such as rates, building
insurance, public liability insurance and general maintenance
costs. Only then will you know whether or not you can actually
afford to keep the house. |
| 5. |
Failing
to take other matters such as alimony and child support into
consideration BEFORE agreeing on a division of the matrimonial
property. |
| 6. |
Not
appreciating that it is the current value of property
that is taken into account - not replacement value. This means
that if the family car is worth $10,000, it is often better
to keep it, as you may have to spend twice this just to replace
it. If you have the kids then they have to get to school, football
training etc. somehow. |
| 7. |
Failing
to realise that the marital furniture and effects are usually
secondhand furniture and therefore not worth a lot of money.
For example, the fridge that you paid $1,000 for new may now
only worth a few hundred dollars. Keeing the bulk of the furniture
(if it is in good condition) will avoid you having to pay a
lot more money to replace it. |
| 8. |
Accepting
the inflated financial value your husband is likely to put on
any property that you want to keep and the low value he's likely
to put on any property he actually wants to keep. |
| 9. |
Arguing
over the little things. By this we mean, fighting for items
of little financial worth. It's pointless paying hundreds of
dollars in legal fees disputing who is going to get the $50
stamp collection. |
| 10. |
Overlooking
other assets such as boats, trailers, machinery, pensions, retirement
funds, stocks, shares and life insurance as matrimonial property
and/or financial resources. |
| 11. |
Failing
to make your husband take out life insurance (with you as the
owner and beneficiary) to guarantee his payments of any child
support or alimony. |
| 12. |
Believing
that if you go "soft" on your property settlement
entitlements, your husband will be easier to deal with as regards
the children. |
| 13. |
Seeking
divorce financial planning advice from a lawyer instead of a financial
planner. |
| 14. |
Reaching
an informal agreement that is not legally binding - even if
it's written down and both parties have signed it. |
| 15. |
Giving
in to your husband because that's what you've always done. |
© Barry J. Roche